. >> reporter: he remembers an elderly woman who died nearby crossing jackson street a couple of months ago. neither victim was using the crosswalk. both happened in the early- morning hours. >> with the conditions the way that they are dark, lowlighting maybe, and i'm not sure what the victim was wearing, but those are things that we look at when we're investigating these types of crimes. >> reporter: this is san jose's 25th traffic fatality of the year. in san jose, anne makovec, cbs 5. >>> across the bay now on this wednesday, divers recovered a man's body from a quarry in oakland early this morning. investigators believe the man may have been out in the rain last night searching for his cab when he slipped on the slope and fell into the quarry. >>> the port of oakland back in business after yesterday's brief strike. port officials and union workers agreed to resume stalled contract talks. >>> still ahead, shoppers beware. your post-holiday returns could be rejected this year. >> some retailers are tracking your returns. why you might get red flagged coming up on the consumerwatch. >